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IA No. 633/21
and
CP(IB) No. 119/Chd/HP/2021
THE NATIONAL COMPANY LAW TRIBUNAL
CHANDIGARH BENCH, CHANDIGARH
(through web-based video conferencing platform)
Item 4
IA No. 633/21
and
CP(IB) No. 119/Chd/HP/2021
Under Section 7, IBC 2016
& Rule 11 of the NCLT Rules, 2016
In the matter of:-
Suvendu Banerjee
…Petitioner-Financial Creditor
Versus
Blue Coast Infrastructure Development Pvt. Ltd. …Respondent-Corporate Debtor
Present through Video Conferencing:
Mr. Mr. Balwinder Kalsi, Advocate for the petitioner in main CP and for respondent
in IA No.633/2021
Mr. Abhishek Chhabra, Advocate for the respondent in main CP and for applicant
in IA No.633/2021
IA No.633/2021
The present application has been filed by applicant/corporate debtor for
placing on record the Settlement Agreement dated 07.05.2021 and Memorandum
of Settlement dated 17.08.2021. The same is taken on record. Accordingly, IA
No.633/2021 is allowed and disposed of.
CP (IB) No. 119/Chd/HP/2021
It is stated by learned counsel for the respondent-corporate debtor that as
per the Memorandum of Settlement dated 17.08.2021 filed vide IA No.633/2021, the
last installment was to be paid on 24.08.2022 and Demand Draft bearing DD
No.527269 in favour of Mr. Suvendu Banerjee dated 25.08.2022 has been prepared.
However, it is stated by learned counsel for the petitioner-financial creditor on
instructions that the said demand draft be handed over to Mr. Syed Aqib Ali,
Advocate and to which the learned counsel for the respondent has agreed and
stated that on instructions he will do the needful within one week. Consequently, it
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IA No. 633/21
and
CP(IB) No. 119/Chd/HP/2021
is stated by learned counsel for the petitioner that he may be permitted to withdraw
the present petition with liberty to revive the same, if there is non-compliance of the
undertaking given by learned counsel for respondent for handing over the said
demand draft to Mr. Syed Aqib Ali, Advocate. Accordingly, in view the statement of
learned counsel for the petitioner, he is permitted to withdraw the main petition and
resultantly, main petition bearing CP (IB) No.119/Chd/HP/2021 is dismissed as
withdrawn with liberty aforesaid.
Sd/-
Sd/-
(Subrata Kumar Dash) (Harnam Singh Thakur)
Member (Technical) Member (Judicial)
September 02, 2022
AV